John McCain votes in favour of torture, shows hypocritical side

They're not part of a legitimate military force, so yes.

So that would include any insurgency or civil uprising, any case where the captured people are not just soldiers doing their jobs. Does that mean that if people took to the streets in the US and tried to overthrow the government, they too could be tortured?
 
So that would include any insurgency or civil uprising, any case where the captured people are not just soldiers doing their jobs. Does that mean that if people took to the streets in the US and tried to overthrow the government, they too could be tortured?

A bit of a grey area really, since they would be acting within the US legal system, directly challenging the instruments of the US legal system.
Legally I imagine the "revolutionaries" would probably be charged with murder, since they're just private citizens attacking the military.
If they formed an organisation and wore identifiable uniforms, that would complicate matters but still being a civil affair, it would probably be a case of the victor writing history.

In any case, mercenaries and spies have no protection under international law either. Blackwater employees and the like are putting themselves in exactly the same legal position as insurgents.
 
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